Opening Options

More Resources

Changes to legislation:

There are currently no known outstanding effects for the Mental Capacity Act 2005, Cross Heading: Duty to give notice to relatives.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Duty to give notice to relativesE+W+S+N.I.

5Subject to paragraph 7, before making an application for registration the attorney must give notice of his intention to do so to all those persons (if any) who are entitled to receive notice by virtue of paragraph 6.E+W+S+N.I.

6(1)Subject to sub-paragraphs (2) to (4), persons of the following classes (“relatives”) are entitled to receive notice under paragraph 5—E+W+S+N.I.

(a)the donor's spouse or civil partner,

(b)the donor's children,

(c)the donor's parents,

(d)the donor's brothers and sisters, whether of the whole or half blood,

(e)the widow, widower or surviving civil partner of a child of the donor,

(f)the donor's grandchildren,

(g)the children of the donor's brothers and sisters of the whole blood,

(h)the children of the donor's brothers and sisters of the half blood,

(i)the donor's uncles and aunts of the whole blood,

(j)the children of the donor's uncles and aunts of the whole blood.

(2)A person is not entitled to receive notice under paragraph 5 if—

(a)his name or address is not known to the attorney and cannot be reasonably ascertained by him, or

(b)the attorney has reason to believe that he has not reached 18 or is mentally incapable.

(3)Except where sub-paragraph (4) applies—

(a)no more than 3 persons are entitled to receive notice under paragraph 5, and

(b)in determining the persons who are so entitled, persons falling within the class in sub-paragraph (1)(a) are to be preferred to persons falling within the class in sub-paragraph (1)(b), those falling within the class in sub-paragraph (1)(b) are to be preferred to those falling within the class in sub-paragraph (1)(c), and so on.

(4)Despite the limit of 3 specified in sub-paragraph (3), where—

(a)there is more than one person falling within any of classes (a) to (j) of sub-paragraph (1), and

(b)at least one of those persons would be entitled to receive notice under paragraph 5,

then, subject to sub-paragraph (2), all the persons falling within that class are entitled to receive notice under paragraph 5.

7(1)An attorney is not required to give notice under paragraph 5—E+W+S+N.I.

(a)to himself, or

(b)to any other attorney under the power who is joining in making the application,

even though he or, as the case may be, the other attorney is entitled to receive notice by virtue of paragraph 6.

(2)In the case of any person who is entitled to receive notice by virtue of paragraph 6, the attorney, before applying for registration, may make an application to the court to be dispensed from the requirement to give him notice; and the court must grant the application if it is satisfied—

(a)that it would be undesirable or impracticable for the attorney to give him notice, or

(b)that no useful purpose is likely to be served by giving him notice.

Print The Whole Schedule

Print The Whole Part

Print This Cross Heading only

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open The Whole Act as a PDF

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy